i l , -f :-:-l .. *.,:f · try over 28 year rorking career. ... itavi-ag rorked closely ritb the...

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. it* :.e'' o o o I lpr 11 19 , 198,, : -i- ,- - r"'l" . :. t . .s i, ., _- i L_, jfir.,. Ienbgfg j<- - ,. - : -F r., -:;*.$.-rJr- Iarlac atflcce 8ub-Couulttea *.,:F .- :-:-l .. '-r :..L _i{9. f havc !'cgttatect tn rrltlag rttb DGgards to tbe cvcats of the paat tno rects, Dalalt 1a tope tbet aoDrG- coaeidcretlon nlgbt te Gxercised ln thte latter. After a ueetlag rltb George Xefsoa yeaterday, ho*eyer, thls appeare out of t'he guestion. Needlese to BeJr f arrr not 1n agreenent rlth the declsioa or tbe alledged actions tbat brought lt about. Thts le the flrst lacldeot of reprlnaad f have e:rperienced in try over 28 year rorking career. Fartlcularly distastful ls the lnnner 1n rhich ternlnation ras glven and tbe reasoD - taeuborlaatton. ft 1s therefore guite dlff1- cult at this tiue to know exactly hor to react. Itavi-ag rorked closely ritb the Connlttee over tbe past tro yeare I feel Eotre respoDsibillty to at least provide Bo&e fisal lnslgbt, and if notbiag Eore a nflaal! Greet- ings fron Valdez. I have totally eajoyed ny assoctation with all of Jour a"d eerrred the Connittee to tbe best of Ey ability. I furtber feel f bave devoted qyself to pro- tecting your respective iaterests at the Xarlne Teroiaal. I{o discord bad beea brougbt to ny attentioa conceralng eJ job perfotnance r so f caD only assuDe that tbe follow- 1ng ltens brought about try terni.n,atioa. A copy of Barl Boling's letter of February loth is eD- closed rhich erplaias Alyeska position. l$t letter of lpril lotb ras rrittea ia respoase, but perbaps a bit after tbe fact. f did feel the oatter ns under coatrol, and even at this tiue do not feel f rould bave done aqy- thiag differeat. Ruoors in Valdez are a raJr of Iife, and follor you at everJr turn, especially tbrough the loag riater. A-aJrraJrr tbe "proveD vidence' used to bring about teroinatioa occured oa Bedaesday, Aprll 4tb, as follors; 1. ft ras alleged that lls. Fuller raa 1n ly office ritb. the door closed from O82O-OglO. f bave Do EeEorlr of tbe tncideat aad after uaklng nJr loraing rouads don t t be llev e I ras la the off lce bef ore O&r. I have not beea shora alleged atateuents Bupportlng the Alyeska positton, aor b,ave they addressed persoas rho could support aiae. 2. Tbat noraigg-qy sreater rae loaaed to Is. Puller, rho ras conplaiaing of cbills aad sltght fever, and ras rorklng 1a an unheated'offlee. Several persorra reeponded to repair tbe offlce heater and provlde aa electptc portable beater prlor to nooa,

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lpr 11 19 , 198,, :-i- ,- - r"'l"

. :. t . .s i, ., _- i L_, jfir.,.Ienbgfg j<- - ,. - : -F r., -:;*.$.-rJr-Iarlac €atflcce 8ub-Couulttea *.,:F

.- :-:-l .. '-r:..L _i{9.

f havc !'cgttatect tn rrltlag rttb DGgards to tbe cvcatsof the paat tno rects, Dalalt 1a tope tbet aoD€ rG-coaeidcretlon nlgbt te Gxercised ln thte latter. Aftera ueetlag rltb George Xefsoa yeaterday, ho*eyer, thlsappeare out of t'he guestion.Needlese to BeJr f arrr not 1n agreenent rlth the declsioaor tbe alledged actions tbat brought lt about. Thts lethe flrst lacldeot of reprlnaad f have e:rperienced intry over 28 year rorking career. Fartlcularly distastfulls the lnnner 1n rhich ternlnation ras glven and tbereasoD - taeubor€laatton. ft 1s therefore guite dlff1-cult at this tiue to know exactly hor to react.Itavi-ag rorked closely ritb the Connlttee over tbe pasttro yeare I feel Eotre respoDsibillty to at least provideBo&e fisal lnslgbt, and if notbiag Eore a nflaal! Greet-ings fron Valdez. I have totally eajoyed ny assoctationwith all of Jour a"d eerrred the Connittee to tbe best ofEy ability. I furtber feel f bave devoted qyself to pro-tecting your respective iaterests at the Xarlne Teroiaal.I{o discord bad beea brougbt to ny attentioa conceralngeJ job perfotnance r so f caD only assuDe that tbe follow-1ng ltens brought about try terni.n,atioa.A copy of Barl Boling's letter of February loth is eD-closed rhich erplaias Alyeska position. l$t letter oflpril lotb ras rrittea ia respoase, but perbaps a bitafter tbe fact. f did feel the oatter ns under coatrol,and even at this tiue do not feel f rould bave done aqy-thiag differeat. Ruoors in Valdez are a raJr of Iife, andfollor you at everJr turn, especially tbrough the loagriater. A-aJrraJrr tbe "proveD €vidence' used to bring aboutteroinatioa occured oa Bedaesday, Aprll 4tb, as follors;

1. ft ras alleged that lls. Fuller raa 1n ly officeritb. the door closed from O82O-OglO. f bave Do EeEorlrof tbe tncideat aad after uaklng nJr loraing rouadsdon t t be llev e I ras la the off lce bef ore O&r. Ihave not beea shora alleged atateuents Bupportlngthe Alyeska positton, aor b,ave they addressed persoasrho could support aiae.2. Tbat noraigg-qy sreater rae loaaed to Is. Puller,rho ras conplaiaing of cbills aad sltght fever, andras rorklng 1a an unheated'offlee. Several persorrareeponded to repair tbe offlce heater and provlde aaelectptc portable beater prlor to nooa,

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9. f reg nported to bavc catGrtd 16. Fullcr f a closcdofflcc alter the luacb'bourr recloecd the doorr a.trdtbea crtt aole llautea',latcr. llbls d1d bapPGDr llf accdcd lcccaa to thc''trccutlve copy tacblac la tbatoftlcc "to ratc .Eoplts:rnlj;tIe Iarcb acport to tbc Sub-Conalltc!r. .8bc door hatl.!eea cloaeO to rabeat tbsofllcc'aad:tor 1tc.-1.u!cl',hour. f bed Laockcd Dtlor-g .io- l"ic"rns, 'tnen*-i td rcc loee tbc door to rctaiaabc;t ,lrt, gggga-..o1radainy coiict ai-.d depar$ed'' rgala cloetng tbc- !oor."+b-

lI raa coafrontctl by Barl Bollng on Thureday' Aprll Stbt. abfrt*tbagabove ttlne. f offercd ly crplataatloa aad lae ''told to, raot loee aay sleep ovcr'lt.i G Frlday, Aprll'6tb, f ias called 1n at ISOO and glvea e letter of tcro-lnatioa. I!.ltlal ebock set 14, but f asked for an oPpor-tuntty to cxpaad on Ey posltloa aad offer aupportlag counentg.Earl iadicated that he bad aecood tbougbte and excused Befor approxinately 1O ninutes. lppareatly after dlecugslonritb Anchorage the decislon catre down the 8ane, At 1600I raa asked for ny badget keys, and gtvea a ride bone.Conslderiag tbe positton f held, aad tbe aeealagly aecessarJrexperlence and abllltles f brought into tbe Job' f feeleorc iajustice rith regard to the teasoDs for tsroiaatlon.I cantt-help but belleve tbat Borne underlyiag reason erlsted,but an uaable to fiad one at thls tlne.A.qyrray, f feel 6ooe better for at least Paaslng ou'.the abovelafornation fron qy slde. Iargaret and f are rel1 and firnlybelieve that al.l things happen for eone good. Ie are lookingforrard to our trip to France and enjoying our Dor avaflabletine togetberl BE ptecious ltttl.e existed before. Otr presentplans ere to renaln la Valdez for at least oae Dore year toenable Chrle (17) to conplete higb schlol. f certalnly standready to assist anJr of your operatloaa durlag thls perlod androuLd look forrarr:l to reuaining 1n contact rith your rea-pective

. offices .In closlag I 1111 lnclude a coly of a letter I provldedAlyeska oD Ey departure. ft outllnes ereaa rhlch f feel aeedto be add,ressed aad rbere poteatlal problens exist. Tbe&,rine ferninal bas t'.dergone a aunber of cbaages ta tbe pasttro years. Sone cbaage can be absorbed, aad eveD be bealt\r,but itre total effect orr the sbipplng taterests hae aot beenposltlve.lftenk you for llstealng, and again for your Frleadshlp andSupport over the years lltb Alyeska aad Coaet Guar€. Bestof Iruck la all your operatloas.

Iost Sincerely,

J1ulddrese: Box L4g? ear'Valdez, llaska 99685

Phoae 2 (9o7) 8rr-266I

Connents:Sec. 46.Or.74O Oil PollutionAlyeska, ln the process of clean-up operations on the berthstructures and sides of tank vessels, uses at various tineschenical products rhich ore non-approved dispersaats orsolvents, and rhich are in thenself pollutants (46.Or.O2O(b)).Sec. 46.Or.7>O Ballast ltater1. Forms provided by thevessel ballast discharge?2. No mention of ballastShould bave some controldischarged ashote.

department for the Master to certifywater discharge from a rrfacility. t'

over the handling of the water once

Sec. 46.Ar.7r> Discharge Reportingl. Reporting beconing la:r on part of all concerned. Attentionno longer stressed to comply rith reporting procedures in effect.2. Question neaning of agreement for' discharges other than intowaters of the state? Discharges existed fron impound basin,ballast treatnent lines, and tank/sulnp cleaning uperations nhichper Alyeska understanding required no reporti.ng.Sec. 46.0r+.O2O(e)(1)Guard and EPA? DoesSec. 46.U.O2O(e)(])Scheduled ? Fornal ?

Memoranda of Understandingthis extend to locaL levelsInspections of the Marine

with Coast?

Terninal Facilities?

Sec . 46.U. OIO (e ) & (f ) Contingency PLanDetailed review of this area nece-csary with consideration f orthe following;

1. llarine Department nanning per shift has the followinghistory - 1982 Lr+ Technicians/l2 hour shift198, 12 Technicia ns/I2 hour shift1981+ 10 Technicians /I2 hoar sniftBerth operations hare changed .fiom tno technicians perberth during loading to one technician per' berth, lto

round.s of the vessel are mader or waterside checks. Vlhenvessel operations demand, extra technicians are taken frondesignated oiI spi11 response personnel poo1. Tnis poolof ten numbers two or less per'sonnel.2. Terninal Oil Spill Coordinator has been deleted as afull tine position and placed under the Terminal Engineerwho has no fornal training in this area.,, The Terninal Labor Force contract has been de1eted..This contractor in the past responded to oi1 spills withrDen and equipment in excess of that provided by the Terminalft was a ieady resource. pfanning should provide for thiscoverage in the future.

ISec , 46 . Cl+ . OIO (e ) & (f ) Cont ingency Plan (c ont inued )4. Age and naintenance of Oil SpiII RecoverJr Equipnentshould be addressed. AII najor equipnent nor approaching7 or nore Jrears of age. Breakdown of this equipnent isbecooing n-ore frequent. Maintenance is di.fficult due toequipnent being out of production. Major re]iance onviroila seapack- for large oil spill is a risk at best.The Seapacl<s have proven unreliAble in actual spills inEurope, and training exercises at the Terninal have beenmarginil at best with this device. Down tioe of skimmersand-response boats is excessive in just routine operations.l{ajor overhauls called for, along with nore accurateassessnent of condition of equipment as against justnumbers of each in inventory. Fbesent equipnent is farfrOm 'rstate of the art" and nO replacenents are programed.,. Fire Chief position at bhe Terninal has been taken froma 24 hour a day, 7 day a week position, using four perscnnel,to a one person, 8 hour a day, 5 day a week position. Fir'efighting response is a [volunteer" effort. Fire fightingequipnent fa1ls behind oi1 spilL equipment for conditionand reliability.

Sec. 46,U.O6O fnspectionsLooked upon as I'things of the past" by Alyeska as they usedto be conducted by ADEC and the USCG.

Sewage? The sewage treatnent facility at the terninal has trnder-gone-several I'adninistrative't c nanges, and operational changeshave resulted. Conpliance with any known regulation is questioned.Ballast Water Treatnent? ADEC should have an accurate Operating.i'rlanual for this facility on fiIe. So shculd Alyeska. Noneexisted for five years and present status is unknown. The fac -ility operates as operators have been I'taughtli with nany changesnade fron operator to operator. Again, systen is rot I'state ofthe art'j but no changes are prograned.Corrosio::? Considerable attention is given the Oil PipeIine, butthe B'*T system has experienced considerable and excessive corrosion.r\ick naned the BfiT Sprinkling Systen by techs! 10-12 holes haveappeared in the 24'. charge lines from the BWT Storage Tanks. Also,the steano lines from the power house have long been secured dueto wastage. This in part hanpers operation of the recovered oil.systenr at internal problen, but indicative of the overall oper-

O at ion.Tank Cleaaing? Activiby started in this area, birt no knowireportshave been provided the State in this regard. ALso extensive NDT(Non-Destructive Testing) of the Ballast Water piping has.. beenc oople ted .

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o Algeslo pedffi ISiyJH'"fSHPl:tg*:liSlLeo?,,36 2261 rELEx oeo ?G,64

Aprll 6, 1984

Mr. Jaues K. WoodleP.O. Box1497Valdez, AK 99686

Dear llr. l.loodleThis Is to lnform you that your euplolment wlth Alyeska PipelineSenrice Conpany is te::ninated effectlve with the close of buslnesson Aprll 6, 1984. You are belng terminated for insubordlnatlon.

E. E. BolingTerminal Superintenden

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ExoN:li^: ir:- S: -

STJIPPIIiIG COMPANY; iA-r:':,a',:9ia'C rot r45 72,14 SraNSqiP SAN FRAl'rCTSCC\

September 28,1984

Mr. James K. WoodleP.0. Box 1497Valdez, AK 99686

Dear Sir:Conf irm'ing our d iscuss'ion, th'is letter wil I evidence our agreement w'ith you thatdur ing the terms of th is agreement the f'lanager of Exxon Shipping Company's l.lestCoast Fleet Office, Benicia, CA, shall have the right to call upon you forservices; and when called upon you agree to perform such serv'ices for Exxonunder the fol low'ing terms and cond'itions:

1. The services ("work") which Exxon may call upon you to perform shall beto observe and adv'ise with respect to cargo loading and related operations ofvessels owned and/or chartered by Exxon and perform services as a "Pollution andSafety Control Representative" adv'ising and.informjnq Exxon jn connectiontherewith. 'It'is understood that you are not to be or become an employee ofExxon by virtue of this agreement or your work hereunder, but you will be sole'lyan independent contractor performing said work.

2. You will have the right to decline performance of work at any time whencalled upon hereunder.

3. As compensation for your performance hereunder, Exxon agrees to pay youat a rate to be mutually agreed upon at the time your services are requested,-sug!-pa;ments to be made upon your subm'itting and Exxon's approving an informal'bill" for services rendered. Payment on this basis shall be full and completecompensation for work. In addjtion, Exxon w'ill reimburse you for reasonabletravel expenses when travel is required and requested by Exxon in yourperf ormance hereunder. Any such reimbursement shal l requ'ire 'item'iledfor all such expenses and the name of the individual 'in Exxon Shippingwho approved and requested such expenditure.

rece i ptsCompany

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4. Under this agreement, your sole compensation will be the aforesa'idpayments, and you will not be ent'itled to partic'ipate in any of the benefititins aviitabli to Exxon employees and you hereby waive and release all rightsthereto, provided, however, dhJ rights or benefits which you may have under anysuch beneiit ptani Uy virtue oi naving been an employee of Exxon (if you haveany such rights or benefjts) shall not be affected thereby. In this connection,yol, your eiecutor or administrator will indemnify Exxon (which wjll own all ori portion of the cargo on vesse'ls to be observed by you) from any claims forpersona'l injury or death which you or anyone e'lse may acquire against Exxon as aresult of your work under this agreement. You further agree that in case you oranyone else should acquire any such claims, your_rights and the rights of-yourex6cutor or adm'inistrator or anyone else whose claim arises as a resu'lt of yourinjury or death will be limited to those, if any, that would arise, if youweie iny employee, under l'lorkmen's Compensation Act of the state where youperform-servicLs hereunder or the Federal Longshoremen and Harbor l{orkersbompensatjon Act. Upon the mak'ing of any payment under either of the Actsprev'iously ment'ioned, Exxon shall be subrogated to the rights, if any, wh'ichyou, your executor or admin'istrator or anyone else may have 9n account of_your-saii injury or death. You further agree to indemnify and hold Exxon harmlessfrom a'li witnnotding taxes and any other payments due or. wttich may become due tothe Federal Government or any state government or agency thereof in relation toany sum or sum paid to you by Exxon under this agreement or Exxon, at itsoplion, ndJ elect to effect such withholding from the compensation paid to youunder this agreement.

5. lhile this agreement is'in effect, Exxon wilI make available to yougroup acc'ident insurance policy with Home Insurance Company, for coverage of$SO,OOO.OO, premiums for wh'ich wil'l be paid by Exxon at no cost to you.

6. Your authority in performing services under th'is agreement shall be'limited, and you will not attempt or purport to enter into any agreement-orother c6nrnitment in any form for Exxon unless so authorized by the t'lest CoastFleet Manaqer and you will not otherwise represent, or hold yourself out as a

representatiue of Exxon (and you shal'l have no authority to do so), but shallat all times be acting sole'ly as an independent contractor as aforesajd.

7. This agreement shall cormence on the date of acceptance by you asindjcated below-and continue for a period of one year and for successive termsof one year each thereafter, subject to earlier terminatjon at any time byeither party upon 30 days'written not'ice to the other party that it desires toterminate this agreement.

8. The prov'ision of th'is agreement shall be binding upon each of us, ourrespect'ive heirs, lega'l representatives, successors and assigns,_provided,however, you shall not assign this agreement or any rights or obligationshereunder without the prior written approval of Exxon.

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If the foregoing is in accordance with your understanding of our agreement,please execute both copies of this letter in the space provided below and returnone copy to us for our file.

Very truly yours,

Exxon Shipping Company(a division of Exxon Corporation)

ACCEPTED AND AGREED TO:

SEH:mlj

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